[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 5-11-1971
by Ord. No. 71-4 (Ch. 62 of the 1977 Code). Other amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 224.
No person or persons or parties whatsoever shall permit any outdoor
shows, concerts, festivals, dances, theatrical performances, exhibitions and
public gatherings for purposes of amusement out of doors on any lands or premises
owned, leased, occupied or controlled by any such person, persons or parties
within the Township of Hillsborough without first having obtained a license
from the Township of Hillsborough in the manner and upon the conditions hereinafter
set forth.
A.
An application for license hereunder shall be signed
by the person, persons or parties responsible and shall be filed in triplicate
with the Clerk of the Township, accompanied by the fee payable hereunder.
Such application shall be filed in the office of the Township Clerk not less
than 60 days prior to the date for which the license is desired.
[Amended 12-27-1977 by Ord.
No. 77-21]
B.
The applicant shall set forth in the application for
license the following information:
(1)
The name and address of the person or persons, or, in
the case of a corporation, the names and addresses of the president, vice
president, secretary, treasurer and directors or trustees, responsible for
conducting the outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purpose of amusement sought to be licensed.
(2)
The type of performance desired to be conducted and a
statement of the purposes of the exhibition or performance, whether for pecuniary
profit or charitable purposes, and if charitable, a statement of the charity
or charities to be benefited.
(3)
A description of the lands or premises sought to be licensed,
which shall include a description of the boundaries of the lands or premises
sought to be licensed.
(4)
Whether the premises are owned by the applicant, and
if not owned, then the name and address of the lessor or licensor and the
term of the lease or license.
(5)
A designation of the portion of the premises intended
to be used for the parking of automobiles, including a statement as to the
number of acres or square feet of the area to be devoted to this purpose.
(6)
A map or sketch showing the entire area sought to be
licensed and delineating thereon the portion to be used for the parking of
automobiles and further showing the driveways or means of access to and from
the said premises and the names of all adjoining owners of the said premises
to be licensed.
(7)
A statement of the number of persons to be engaged in
the exhibition or performance sought to be licensed and, in addition, a statement
of the number of spectators anticipated to watch or observe the exhibition
or performance.
C.
A fee of $10 shall be paid upon filing the application,
to be applied by the Township toward its expense in investigating the application,
which said fee shall not be refunded whether a license is issued or denied.
Upon the filing of the application, the Clerk shall refer a copy of
the application promptly to the Mayor for investigation of the matters in
the application by the Township Attorney or by another designated official
in such other manner as the Mayor may direct. A written report shall be made
to the Township Committee of the result of such investigation by such officer
or agent designated by the Mayor, within 30 days from the filing of the application.
If the Township Committee deems from the report that a hearing on the
application should be held before issuing or denying a license, then within
five days after the thirty-day period of investigation the Township Committee
shall set a time and place for hearing on the application, which shall be
held within 15 days thereafter. At the hearing, the applicant and the Township
may offer such evidence as may be desired covering the subject matter. Within
seven days after the closing of the hearing, the Township Committee shall
render a determination on the application, and if the determination shall
be a denial of the application, then a copy of said determination with the
reasons for denying the application shall be served upon the applicant at
the mailing address of the applicant designated in the application.
A.
The license authorized to be issued shall be issued by
the Township Committee but executed by the Mayor and Township Clerk.
B.
The license shall set forth and describe, with particularity,
the place where the show, exhibition, performance or public gathering or other
event sought to be licensed hereunder shall take place and the period of time
during which it may continue.
C.
The license herein authorized shall not be issued or
take effect until all fees have been paid to the Township as provided herein.
D.
Any license authorized to be issued hereunder shall be
issued subject to all provisions of this chapter.
[Aamended 5-25-2004 by Ord. No. 2004-22]
The fee to be paid upon issuance of a license shall be $100 for each
event or $0.10 per person anticipated to be involved in the event sought to
be licensed, inclusive of all personnel and all spectators or members of the
audience, whichever fee is greater. All license fees shall be in addition
to the fee required to accompany the application.
No outdoor show, concert, festival, dance, theatrical performance, exhibition
or public gathering for purposes of amusement shall be permitted or licensed
whatever if the event sought to be licensed contemplates a gathering of more
than 1,000 persons or if the area allowed for the parking of motor vehicles
is less than 50 cars per acre for the anticipated number of persons involved
in occupying the premises.
A.
No person or party licensed hereunder shall allow, suffer
or permit any exhibition, performance or gathering of persons for any unlawful
purpose or to be conducted in any unlawful disorderly, obscene or lewd manner.
B.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement shall
allow any performer to perform or be displayed in the nude.
C.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement shall
be allowed which shall depict sexually suggestive acts or subjects offensive
to public morals and decency.
D.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement shall
allow the use of any moving pictures or other media which is obscene, lewd,
indecent or offensive to public morals and decency.
E.
Any licensee hereunder shall not permit any employees
or agents of the applicant, any spectators or any persons on the licensed
premises during the period of time licensed to completely undress or go about
in the nude or become undressed or go about in a lewd, obscene or indecent
manner.
F.
The licensee shall allow the state police, any special
police of the Township or any other persons duly authorized by the Township
to inspect the licensed premises or any part thereof and to observe the persons
upon the premises and the performances, exhibitions and shows for public gathering
at any time either prior to or during the period of time licensed, to detect
violations of this chapter or any other ordinance of the Township or of any
law of the federal government or the State of New Jersey.
[Amended 12-27-1977 by Ord.
No. 77-21]
G.
The licensee shall take all proper means to assist in
the orderly conduct and presentation of its event and to maintain a flow of
traffic and the use of the premises without congestion of traffic. For such
purposes, the licensee shall employ or obtain sufficient personnel to carry
out said objectives.
H.
The licensee shall maintain at its own expense one or
more persons or agents responsible for the proper conduct of the event licensed,
who shall remain upon the premises licensed at all times during the period
in which the license shall be in effect.
(1)
The name, address and description of the person, persons
or agents responsible shall be furnished to the Township before the beginning
of the licensed period, and in the event that any change is made in a person
or persons or agents responsible herein designated, notice of such change,
with the names and addresses and descriptions of the persons to be substituted,
shall be furnished to the Clerk of the Township upon at least 24 hours' notice.
(2)
The Mayor or other authorized officers or agents of the
Township for such purpose may require the licensee to introduce the person,
persons or agents responsible for the conduct of the event to the Mayor of
the Township or such other authorized officer or agent of the Township as
the Township may designate to the licensee.
A.
In the event that any of the provisions of this chapter
shall be violated, the Township Committee, through its authorized officers
or agents, may terminate or suspend any license issued hereunder. Such suspension
or revocation shall be determined as follows:
(1)
The Mayor or other person authorized by the Township
Committee shall cause a written notice of the alleged violations of this chapter
or of any other laws involved to be served upon the licensee or any of the
agents of the licensee upon the premises, together with a notice of the time
and place of hearing, to be held not less than 24 hours after service, directing
the licensee to show cause before the Township Committee why the license should
not be suspended or revoked.
(2)
At the hearing, the Township Committee shall hear all
of the evidence offered by the Township and the licensee which is material
to the issue and shall make a prompt determination of its findings. If the
findings be in favor of the licensee, the charges will be dismissed; but if
the findings be against the licensee, the license issued may be revoked entirely
or suspended upon such conditions as the Township Committee may direct. In
the event of full revocation, the event licensed shall be terminated immediately
and no further outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gatherings for purposes of amusement shall be held under
the license granted therefor and any persons remaining upon the licensed premises
may be dispersed immediately by any peace officer of the Township and by such
other persons or agents as may be properly authorized by the Township.
B.
In the event that it shall reasonably appear to the Clerk
of the Township or any other official designated by the Township Committee
for such purpose that the number of persons gathered or gathering upon or
for entry upon the licensed premises for any outdoor show, concert, festival,
dance, theatrical performance, exhibition or public gathering for purposes
of amusement licensed hereunder shall exceed 1,000 persons, the Clerk or other
authorized official may give notice to the licensee immediately to withhold
proceeding with the event licensed and shall then inform the Mayor or Township
Committee promptly of said action. The licensee may thereupon request a hearing
before the Township Committee forthwith and said hearing shall be held as
promptly as possible.
C.
No license fee or portion thereof shall be refunded following
revocation or suspension of any license issued.
Whenever notice is required to be given to the applicant or licensee
hereunder, such service of notice may be made by registered or certified mail
directed to the person and address listed in the application or otherwise
personally upon the applicant or any of the agents of the applicant upon the
licensed premises.
[Amended 12-27-1977 by Ord. No. 77-21]
Nothing contained herein shall be deemed or construed so as to prevent
the enforcement of any other remedy at law, concurrent or otherwise, available
to the Township of Hillsborough or other law enforcement authority to avoid
or prevent any violation or attempted violation of this chapter, such as but
not limited to an injunction or restraining order.
This chapter is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
Notwithstanding any other provisions of this chapter, the Township of
Hillsborough hereby reserves the right to waive any or all sections of this
chapter when it appears that the best interest of the Township of Hillsborough
shall be served by the waiving of said provisions. Any waiving of said provisions
shall not be considered a precedent which would affect subsequent enforcement
or nonenforcement of the provisions of this chapter. In the event the Township
of Hillsborough does waive any provision, it shall be done by resolution at
a regular or special meeting of the Township Committee.
